O dano moral punitivo-pedagógico e a análise da cultura do mero aborrecimento nas relações de consumo.

Abstract

This research has as its theme the possibility of applying moral damage in a punitive-pedagogical character in consumer relations. Analyze whether the lack of punitive damages and pedagogical teaching can serve as an instrument to encourage non-compliance with the Consumer Protection Code's protection standards and whether the culture of forced abortion by the judiciary also serves as an incentive for providers. products and services practice harmful practices to consumers. To achieve the proposed objective, the work was divided into three chapters. In the first, civil liability was analyzed in general, seeking to know its conceptualization, characterization and inherent functions. Then, he went on to study its application from the perspective of consumer law, analyzing how resources present in the law and its methods of consumer protection. Finally, analyze as basic characteristics of moral damage, its incidence and functions. In the second chapter, the application of moral damage was deepened through the institute of punitive damages, seeking to know its origin and development, as well as its receptivity to the doctrine and jurisprudence of the country. In addition, we seek to analyze the application of this institute in court decisions and their effects on consumer relations. In the third chapter, a research dealt with the culture of annoyance specified by the Judiciary, analyzing the impacts of decisions that do not affect the usefulness of consumers and the incentive to practice harmful practices in the diet. The research method used was the deductive, through the technique of bibliographic research, analyzing the Brazilian legislation, doctrine, jurisprudence and statistics within the approached theme. Through this study, it was found that the lack of use of punitive and pedagogical indemnities in court convictions for moral damages in consumer demands, as well as the culture of abortion, encourages providers to recur in the unfolding of the CDC, verifying that Lawsuits within the theme are constant and the recovered companies and services are mostly the same according to the statistical data analyzed.